Heavy Vehicles Factory Employees v. The Joint Registrar Of Co-Operative Societies
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.07.2023
CORAM
THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P Nos.20100, 20102, 20104 & 20106 of 2023 Heavy Vehicles Factory Employees Co-operative Thrift & Credit Society Ltd., Regn.No.K.P.(Spl) 180, M.B.No.26A, HVF Estate Avadi, Chennai 600 054 Represented by its Administrator Thiru.K.K.Shanmugam Co-operative Sub-Registrar
...Petitioner in all W.Ps.
Vs.
1.The Joint Registrar of Co-operative Societies Thiruvallur District.
2.The Deputy Registrar of Co-operative Societies Thiruvallur District.
3.The Heavy Vehicles Factory Represented by its General Manager Avadi, Chennai 54.
4.M.Ramesh 5.K.Ramamoorthy
...Respondents in WP.No.20100/2023
1/6
4.N.Deivasigamani 5.R.Saravanan
...Respondents in WP.No.20102/2023
4.K.Ramamoorthy 5.M.Ramesh
...Respondents in WP.No.20104/2023
4.K.Madhavachari 5.V.Murugan
...Respondents in WP.No.20106/2023
Common Prayer: Writ Petitions filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the second respondent to receive the execution petition filed by the petitioner dated 10.02.2023 and to take cognizance on the application and to dispose of the same within a time frame fixed and thereby to recover the sum dues from the pension amount payable by the third respondent to the fourth respondent in accordance with law.
For Petitioner in all W.Ps.
: Mr.G.Ilamurugu For Respondents in all W.Ps.
: Mr.R.U.Dinesh Rajkumar for R1 & R2 Additional Government Pleader 2/6
COMMON ORDER The petitioner herein seeks a direction to the second respondent to receive the execution petition filed by the petitioner dated 10.02.2023 and dispose of the same within a time frame fixed by this Court.
2. It is the case of the petitioner that he obtained an award against the respondents 3 & 4 in an arbitration proceedings initiated under Section 90 of the Co-operative Societies Act. In order to execute the said award the petitioner filed an execution petition before the second respondent on 10.02.2023 and in spite of lapse of four months, the same has not been numbered by the second respondent. Therefore, the petitioner has come up with this Writ Petition seeking necessary directions for earlier consideration of the execution petition.
3. Mr.R.U.Dinesh Rajkumar, learned Additional Government Pleader who takes notice for the respondents 1 & 2, on instructions, submitted that the execution petition filed by the petitioner was returned on 13.06.2023 and the same is not yet represented.
3/6
4. The learned counsel for the petitioner submitted that the execution petition filed by the petitioner was returned with a direction to enclose the salary certificate of the respondents 4 & 5 and the same will be represented within a period of one week.
5. In view of the said position, this Court is inclined to issue a direction to the second respondent to number the execution petition to be re-presented by the petitioner immediately, if it is in order and proceed with the execution petition in accordance with law.
6. With these above observations, these Writ Petitions are disposed of. No costs.
28.07.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No dna 4/6
To 1.The Joint Registrar of Co-operative Societies Thiruvallur District.
2.The Deputy Registrar of Co-operative Societies Thiruvallur District.
3.The Heavy Vehicles Factor Represented by its General Manager Avadi, Chennai 54.
5/6
S.SOUNTHAR , J.
dna W.P Nos.20100, 20102, 20104 & 20106 of 2023 28.07.2023 6/6
28.07.2023 7/6